Contentious Trusts - Farrer & Co

Our approach…
Multi disciplined
Trust and Estate disputes inevitably
cross a number of disciplines - private
client, family, charity and disputes.
Farrer & Co is widely recognised for its
strength in each of these areas.
Leading individuals from these areas
make up our Contentious Trusts &
Estates group. We ensure that clients
receive a seamless service.
Dispute avoidance
We are involved in planning to mitigate
the risk of disputes arising in the first
place, by suitable drafting, and by
careful and practical advice tailored to
meet the attendant risks.
Dispute handling
Sometimes, regrettably, disputes
cannot be avoided. We have
considerable experience of guiding our
clients through all stages of court
proceedings ranging from “friendly”
applications to vary the terms of the
trust or to give trustees directions on a
construction issue or as to the
appropriate course of action, through
to hostile claims, where we usually act
for the settlor (or members of his
family) and the trustee. We have
handled both “internal” claims (such
as for breach of trust by a beneficiary)
and “external” claims (such as from a
creditor, former spouse or heir of the
settlor attacking the validity of the
trust).
Family assets held in trust frequently
become the subject of attention in
divorce proceedings. A spouse may
seek financial provision from the trust
or try to vary its terms. These raise
complex issues for both spouses and
trustees. We have extensive
experience advising spouses and
trustees before the Family courts in
such situations.
Sensitive handling
Whatever their cause, such disputes
often involve members of the same
family, and affect minors and unborns.
They are likely to be painful for all
concerned and require careful and
sensitive handling which ensures the
situation does not escalate. We aim to
defuse conflicts at an early stage by
finding practical solutions outside the
court arena. Farrer & Co is a founder
member of CEDR and we are actively
involved with the STEP Mediation
Group. We make full and appropriate
use of mediation, promote the
ACTAPS pre action protocol wherever
possible, and have considerable
experience of resolving disputes at an
early stage through use of mediation.